Abstract

ABSTRACT
The study took the object implementation discretion by police in Batu police station. The formulation of the problem in this research is how the implementation of discretion by the police in criminal investigations in Batu, as well as driving factors and obstacles in the implementation of discretion in the Police investigation of criminal offenses Batu.
The research method used is the juridical sociological approach, primary and secondary data sources, data collection using interviews with the KBO, Head of Unit and Criminal Police investigator Batu, and documentation of data in Batu police station. Results were analyzed using qualitative descriptive methods.
Police discretion in the investigation were made, but not in all cases. Of the 82 reports, nine cases performed discretion, namely: domestic violence, mild persecution, and underage abusements, with the termination of the investigation for the benefit of, discretion on a case is not appropriate, a consideration of different discretion of each investigation, depending on cases and parties. Driving factors: the substance of adequate legislation, instruction of the leaders did not five eneough eviedences, and the support of the parties concerned. Inhibiting factors: Level of understanding by investigators, less optimal professionalism and expertise of police, resistance from stakeholders, as well as the interpretation.
In conclusion, discretion taken based on the consideration of expediency, efficiency and effectiveness within the limits prescribed by law. Suggestions, need careful consideration of various aspects as well, carefully and precisely where the police need to understand the broad discretion, to optimize the professionalism and expertise, the stakeholders and the public must understand discretion is not law violations.
Keywords: discretion, police, investigation.